Closing Costs and Transfer Taxes in Kane and DuPage Counties

Illinois also authorizes counties to impose an additional tax of 25 cents per $500 of value (55 ILCS 5/5-1031). Kane County and DuPage County each collect a county transfer tax at that authorized rate. The DuPage County Board has restated that county tax in its real estate transfer tax ordinance, collected by the DuPage County Recorder before recording. If the transferring document states that the property is transferred subject to a mortgage, the outstanding mortgage balance is not included in the tax base under those statutes.

A transfer declaration — Form PTAX-203 — must be presented when the deed is recorded, or within three business days after the transfer is effected, whichever is earlier (35 ILCS 200/31-25). Title companies in participating counties commonly complete the state and county amounts through the Illinois Department of Revenue’s MyDec system. Which party pays the tax is a matter of contract and custom, not a command in the rate statutes. In this area, the seller customarily pays the state and county amounts.

Kane County deeds are recorded with the Kane County Recorder, 719 S. Batavia Avenue, Building C, Geneva. DuPage County deeds are recorded with the DuPage County Recorder, 421 N. County Farm Road, Wheaton — the Recorder, not the County Clerk.

Municipal stamps vary by town

Home-rule municipalities may add their own transfer tax or require a stamp before the deed is recorded. We confirm the rule for the municipality shown on the tax bill and title commitment, not just the mailing address. Examples we have confirmed from official city sources, or that already appear on our town pages with a source note, include:

• St. Charles: the City states it does not require a real estate transfer tax or stamp.
• Naperville: $1.50 per $500 of purchase price (the same as $3.00 per $1,000), paid by the buyer under current City rules, as described on our Naperville residential real estate attorney page.
• Wheaton: $2.50 per $1,000 of the full actual consideration, rounded to the nearest $1,000, paid by the buyer (grantee) under City of Wheaton rules. Confirm current stamp processing time with the City Finance Department. Exempt stamps carry a $25 administrative fee. See our Wheaton real estate attorney page.
• Aurora: $3 for every $1,000 of value or fraction thereof, as stated on the state transfer declaration (Aurora Code §44-212). Primary liability is on the seller (grantor) unless the contract says otherwise (§44-213). The City requires a Statement of Open Accounts at least five business days before closing, and a stamp will not issue until listed City accounts are paid.
• Elgin: a City transfer stamp is required before a deed for property inside city limits is recorded. Our Elgin real estate attorney page notes, based on title-industry listings, that Elgin does not charge a per-dollar city transfer tax; confirm the current Finance Department process, including the code-violation search, for your closing date.
• Geneva: confirm any additional City of Geneva requirement before closing. We do not claim that Geneva has no municipal transfer tax or stamp. See our Geneva real estate attorney page.
• Carol Stream: Carol Stream imposes a village transfer tax of $3.00 per $1,000 of value or fraction thereof. Village Code § 5-10-2 places liability on the grantor (seller), except that the buyer pays on a sheriff’s sale or a sale by tax deed. The contract can still allocate the cost, but the ordinance is the starting rule. Confirm the current Village process for your closing date.
• Other DuPage towns: Elmhurst, Glen Ellyn, Glendale Heights, Downers Grove, West Chicago, and Bolingbrook have been described on our DuPage County residential real estate hub from municipal or Recorder listings. Those listings can change. Confirm with the municipality. We do not treat a missing town on this list as “no stamp.”

Local rules change. A missing stamp, an unpaid water bill, or an open-permit issue can delay recording even when the state and county taxes are ready.

Other costs that appear on the settlement statement

Besides transfer taxes, a typical residential closing may include the owner’s and lender’s title insurance premiums, title-company closing or escrow fees, recording fees, survey costs, any municipal final-read or inspection fees, association paid-assessment letters, lender charges and prepaid items, and a credit for property taxes paid in arrears. The exact list depends on the contract, the lender, and the municipality. We compare the Closing Disclosure and settlement statement to the contract, credits, and prorations before funds move. Typical ranges for third-party charges vary too widely to quote here as a single number.

Illinois property taxes are paid a year in arrears, so the seller typically credits the buyer for taxes that have accrued but are not yet billed. The exact proration formula is a negotiable contract term.

Attorney Fees for Residential Representation

For typical residential seller representation when we also act as title agent, there is no separate seller attorney fee; we are compensated from title fees for title-agent services actually performed, and sellers still pay title premiums and other closing costs. If title is not handled through our agency, a separate seller attorney fee applies. For typical residential buyer representation, we charge a flat $400 legal fee paid at closing.

Related Pages

Town detail: Geneva real estate attorney, Aurora real estate attorney, Elgin real estate attorney, St. Charles real estate attorney, Naperville residential real estate attorney, and Wheaton real estate attorney. County hubs: Kane County residential real estate and DuPage County residential real estate. The residential real estate practice page also summarizes transfer taxes.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.